Police (Northern Ireland) Bill

Police (Northern Ireland) Bill - continued	House of Commons
PART VII, POLICE COMPLAINTS AND DISCIPLINARY PROCEEDINGS - continued

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Formal investigation by the Ombudsman.	56. - (1) Where a complaint or matter is to be formally investigated by the Ombudsman under section 54(2) or (3)(a) or 55(3), (5) or (6), he shall appoint an officer of the Ombudsman to conduct the investigation.
	(2) The Secretary of State may by order provide that any provision of the Police and Criminal Evidence (Northern Ireland) Order 1989 which relates to investigation of offences conducted by police officers (within the meaning of that Order) shall apply, subject to such modifications as the order may specify, to investigations under this section conducted by persons who are not police officers (within the meaning of that Order).
	(3) A person employed by the Ombudsman under paragraph 3(1) of Schedule 3 shall for the purpose of conducting, or assisting in the conduct of, an investigation under this section have all the powers and privileges of a constable throughout Northern Ireland and the adjacent United Kingdom territorial waters; and subsection (3) of section 18 applies for the purposes of this subsection as it applies for the purposes of subsection (2) of that section.
	(4) Section 66 applies to a person to whom subsection (3) applies as it applies to a constable.
	(5) A person to whom subsection (3) applies shall not be regarded as in police service for the purposes of-
	(a) Article 145 of the Trade Union and Labour Relations (Northern Ireland) Order 1995; or
	(b) Article 243 of the Employment Rights (Northern Ireland) Order 1996.
	(6) At the end of an investigation under this section the person appointed to conduct the investigation shall submit a report on the investigation to the Ombudsman.
Formal investigation by a police officer.	57. - (1) Where a complaint is referred to the Chief Constable under section 54(3)(b), he shall appoint a police officer to investigate it formally on behalf of the Ombudsman.
	(2) A member of the police force may not be appointed to investigate a complaint formally if he has previously been appointed to act in relation to it under section 53(4).
	(3) The Ombudsman may require-
	(a) that no appointment of a person to conduct an investigation under this section shall be made unless the Ombudsman has given notice to the Chief Constable that he approves the person whom the Chief Constable proposes to appoint; or
	(b) if such an appointment has already been made and the Ombudsman is not satisfied with the person appointed, that-
	(i) the Chief Constable shall, as soon as is reasonably practicable, select another police officer and notify the Ombudsman that he proposes to appoint that person; and
	(ii) the appointment shall not be made unless the Ombudsman gives notice to the Chief Constable that he approves that person.
	(4) The Ombudsman may supervise the investigation of any complaint under this section if he considers that it is desirable in the public interest for him to do so.
	(5) Where the Ombudsman decides to supervise an investigation under this section he shall notify the Chief Constable to that effect.
	(6) A member of a police force in Great Britain who is appointed to conduct an investigation under this section shall, for the purpose of conducting that investigation, have all the powers and privileges of a constable throughout Northern Ireland and the adjacent United Kingdom territorial waters; and subsection (3) of section 18 applies for the purposes of this subsection as it applies for the purposes of subsection (2) of that section.
	(7) The Ombudsman may impose requirements as to the conduct of an investigation which the Ombudsman is supervising; and it shall be the duty of a police officer to comply with any requirement imposed on him by virtue of this subsection.
	(8) At the end of an investigation under this section the police officer appointed to conduct the investigation shall submit a report on the investigation to the Ombudsman.
Steps to be taken after investigation - criminal proceedings.	58. - (1) The Ombudsman shall consider any report made under section 56(6) or 57(8) and determine whether the report indicates that a criminal offence may have been committed by a member of the police force.
	(2) If the Ombudsman determines that the report indicates that a criminal offence may have been committed by a member of the police force, he shall send a copy of the report to the Director together with such recommendations as appear to the Ombudsman to be appropriate.
	(3) Where a report is sent to the Director under subsection (2), the Ombudsman shall, at the request of the Director, ascertain and furnish to the Director all such further information in relation to the complaint or matter dealt with in the report as appears to the Director to be necessary for the discharge of his functions under the Prosecution of Offences (Northern Ireland) Order 1972.
	(4) Inthis section and section 59 "the Director" means the Director of Public Prosecutions for Northern Ireland.
Steps to be taken after investigation - disciplinary proceedings.	59. - (1) Where-
	(a) the Director has dealt with the question of criminal proceedings; or
	(b) the Ombudsman determines that the report under section 56(6) or 57(8) does not indicate that a criminal offence may have been committed by a member of the police force,
	the Ombudsman shall consider the question of disciplinary proceedings.
	(2) The Ombudsman shall send the appropriate disciplinary authority a memorandum containing-
	(a) his recommendation as to whether or not disciplinary proceedings should be brought in respect of the conduct which is the subject of the investigation;
	(b) a written statement of his reasons for making that recommendation; and
	(c) where he recommends that disciplinary proceedings should be brought, such particulars in relation to the disciplinary proceedings which he recommends as he thinks appropriate.
	(3) No disciplinary proceedings shall be brought by the appropriate disciplinary authority before it receives the memorandum of the Ombudsman under subsection (2).
	(4) The Police Authority shall advise the Ombudsman of what action it has taken in response to a recommendation contained in a memorandum sent to it under subsection (2); and nothing in the following provisions of this section has effect in relation to senior officers.
	(5) If-
	(a) a memorandum sent to the Chief Constable under subsection (2) contains a recommendation that disciplinary proceedings should be brought; but
	(b) the Chief Constable is unwilling to bring such disciplinary proceedings,
	the Ombudsman may, after consultation with the Chief Constable, direct him to bring disciplinary proceedings.
	(6) Subject to subsection (7)-
	(a) it shall be the duty of the Chief Constable to comply with a direction under subsection (5);
	(b) the Chief Constable may not discontinue disciplinary proceedings which he has brought in accordance with-
	(i) a recommendation contained in a memorandum under subsection (2); or
	(ii) a direction under subsection (5).
	(7) The Ombudsman may give the Chief Constable leave-
	(a) not to bring disciplinary proceedings which subsection (6)(a) would otherwise oblige him to bring; or
	(b) to discontinue disciplinary proceedings with which subsection (6)(b) would otherwise require him to proceed.
	(8) Regulations made in accordance with section 25(3) or 26(3) may establish, or make provision for the establishment of, a special procedure for any case in which disciplinary proceedings are brought-
	(a) where a memorandum under subsection (2) recommending the bringing of those proceedings contains a statement to the effect that, by reason of exceptional circumstances affecting the case, the Ombudsman considers that such special procedures are appropriate; or
	(b) in compliance with a direction under subsection (5).
	(9) The Chief Constable shall advise the Ombudsman of what action he has taken in response to-
	(a) a recommendation contained in a memorandum under subsection (2);
	(b) a direction under subsection (5).
Constabularies not maintained by Police Authority.	60. - (1) An agreement for the establishment in relation to any body of constables maintained by an authority other than the Police Authority of procedures corresponding or similar to any of those established by virtue of this Part may, with the approval of the Secretary of State, be made between the Ombudsman and the authority maintaining the body of constables.
	(2) Where no such procedures are in force in relation to any body of constables, the Secretary of State may by order establish such procedures.
	(3) An agreement under this section may at any time be varied or terminated with the approval of the Secretary of State.
	(4) Before making an order under this section the Secretary of State shall consult-
	(a) the Ombudsman; and
	(b) the authority maintaining the body of constables to whom the order would relate.
	(5) Nothing in any other statutory provision shall prevent an authority which maintains a body of constables from carrying into effect procedures established by virtue of this section.
	(6) No such procedures shall have effect in relation to anything done by a constable outside Northern Ireland.
Reports.	61. - (1) The Ombudsman shall, at the request of the Secretary of State, report to the Secretary of State on such matters relating generally to the functions of the Ombudsman as the Secretary of State may specify, and the Ombudsman may for that purpose carry out research into any such matters.
	(2) The Ombudsman may make a report to the Secretary of State on any matters coming to the Ombudsman's attention under this Part to which the Ombudsman considers that the Secretary of State's attention should be drawn in the public interest.
	(3) The Ombudsman shall, not later than 3 months after the end of each financial year, make to the Secretary of State a report on the discharge of the Ombudsman's functions during that year.
	(4) The Ombudsman shall-
	(a) keep under review the working of this Part; and
	(b) at least once every five years, make a report on it to the Secretary of State.
	(5) The Ombudsman shall send a copy of any report under this section to-
	(a) the Police Authority and the Chief Constable; and
	(b) if the report concerns any such body of constables as is mentioned in section 60, to the authority maintaining it and the officer having the direction and control of it.
	(6) The Secretary of State shall-
	(a) lay before both Houses of Parliament a copy of every report received by him under this section; and
	(b) cause every such report to be published.
	(7) The Ombudsman shall send to the Police Authority any statistical or other general information which the Ombudsman considers should be brought to the attention of the Police Authority in connection with its functions under section 2(4)(a).
Statements by Ombudsman about exercise of his functions.	62. The Ombudsman may, in relation to any exercise of his functions under this Part, publish a statement as to his actions, his decisions and determinations and the reasons for his decisions and determinations.
Restriction on disclosure of information.	63. - (1) No information received by a person to whom this subsection applies in connection with any of the functions of the Ombudsman under this Part shall be disclosed by any person who is or has been a person to whom this subsection applies except-
	(a) to a person to whom this subsection applies;
	(b) to the Secretary of State;
	(c) to other persons in or in connection with the exercise of any function of the Ombudsman;
	(d) for the purposes of any criminal, civil or disciplinary proceedings; or
	(e) in the form of a summary or other general statement made by the Ombudsman which-
	(i) does not identify the person from whom the information was received; and
	(ii) does not, except to such extent as the Ombudsman thinks necessary in the public interest, identify any person to whom the information relates.
	(2) Subsection (1) applies to-
	(a) the Ombudsman; and
	(b) an officer of the Ombudsman.
	(3) Any person who discloses information in contravention of this section shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 5 on the standard scale.
Regulations.	64. - (1) The Secretary of State may make regulations-
	(a) as to the procedure to be followed under this Part; and
	(b) for prescribing anything authorised or required to be prescribed by any provision in this Part.
	(2) The Secretary of State shall by regulations provide-
	(a) that, subject to such exceptions and in accordance with such procedures as may be prescribed, the Ombudsman shall furnish a copy of, or of the record of, a complaint against a member of the police force to-
	(i) that member;
	(ii) the complainant; and
	(iii) the appropriate disciplinary authority;
	(b) procedures for the informal resolution of complaints of such descriptions as may be prescribed, and for giving the complainant a record of the outcome of any such procedure if he applies for one within such period as may be prescribed;
	(c) procedures for giving a member of the police force, whose conduct is the subject of a complaint which falls to be resolved informally, an opportunity to comment orally or in writing on the complaint;
	(d) for cases in which any provision of this Part is not to apply where-
	(i) a complaint, other than a complaint which falls to be resolved informally, is withdrawn;
	(ii) the complainant indicates that he does not wish any further steps to be taken; or
	(iii) the complainant fails to indicate, in response to a request from the Ombudsman to do so, whether he wishes any further steps to be taken;
	(e) for enabling the Ombudsman to dispense with any requirement of this Part;
	(f) for enabling the Ombudsman to relinquish the supervision of the investigation of any complaint under section 57;
	(g) procedures for an investigation begun under section 56 or section 57 to be continued, where the Ombudsman so directs, as if it had originally been begun under the other of those sections;
	(h) procedures for the making of complaints and the reference of complaints and other matters under this Part;
	(i) that the Ombudsman shall be supplied with such information or documents of such description as may be prescribed at such time or in such circumstances as may be prescribed;
	(j) that any action, determination or decision of a prescribed description taken by the Ombudsman shall be notified to prescribed persons within a prescribed time and that, in connection with such a notification, the Ombudsman shall have power to supply the person notified with any relevant information;
	(k) that the Chief Constable shall have power to delegate any functions conferred on him by or by virtue of this Part;
	(l) for enabling the Ombudsman to pay to a complainant-
	(i) sums in respect of expenses incurred by him; and
	(ii) allowances by way of compensation for the loss of his time,
	in accordance with such scales and subject to such conditions as may be prescribed.
	(2) Regulations under this section may authorise the Secretary of State to make provision for any purposes specified in the regulations.
	(3) Before making any regulations under this section, the Secretary of State shall consult-
	(a) the Ombudsman;
	(b) the Police Authority; and
	(c) the Police Association.
Guidance concerning discipline, complaints, etc.	65. - (1) The Secretary of State may issue guidance to the Police Authority and police officers concerning the discharge of their functions-
	(a) under this Part;
	(b) under regulations made under section 25 in relation to the matters mentioned in subsection (2)(e) of that section; and
	(c) under regulations made under section 26 in relation to the matters mentioned in subsection (2)(d) of that section;
	and they shall have regard to any such guidance in the discharge of their functions.
	(2) Guidance may not be issued under subsection (1) in relation to the handling of a particular case.
	(3) A failure on the part of a person to whom guidance is issued under this section to have regard to such guidance shall be admissible in evidence on any appeal from a decision taken in proceedings under regulations made in accordance with section 25(3) or 26(3).
	(4) In discharging his functions under section 59 the Ombudsman shall have regard-
	(a) to any guidance given to him by the Secretary of State with respect to such matters as are for the time being the subject of guidance under subsection (1); and
	(b) in particular, but without prejudice to the generality of paragraph (a), to any such guidance as to the principles to be applied in cases that involve any question of criminal proceedings.
	(5) In discharging his functions under this Part the Ombudsman shall have regard to any guidance given to him by the Secretary of State with respect to matters the disclosure of which may be prejudicial to the public interest.

Prepared 19 March 1998